What is a Public International Organization Under the Federal Corrupt Practices Act

Hello,

I am working on a school project about the Federal Corrupt Practices Act. I read through the act and it all made sense except the definition of a public international organization with reference to its definition to foreign officials. Looking at the FCPA's text, it definition of a "foreign official" includes an officer or employee of a international public organization. It defines the international public organization according to "executive order pursuant to section 1 of the International Organizations Immunities Act (22 U.S.C. § 288)". I have looked up this definition and it is "a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation, and which shall have been designated by the President through appropriate Executive order as being entitled to enjoy the privileges, exemptions, and immunities provided in this subchapter." I tried reading it and can't make heads or tails of it. Could someone in layman's terms explain what this definition means? I am also curious as to if public international organizations would include a public organization based in a country outside the U.S. and its territories and listed on a non-U.S. stock exchange. If someone more knowledgeable with law could help me clear this up, it would be immensely helpful.

Re: Definition of a Public International Organization Under the Fcpa

Quoting law123

Hello,

I tried reading it and can't make heads or tails of it. Could someone in layman's terms explain what this definition means?

In plain English, it is an international organization formed by various nations in which the U.S. is a member by treaty or by an act of Congress and which the president includes in an Executive Order as qualifying for the protections granted by the International Organizations Immunities Act. These are basically organizations like the United Nations, the World Health Organization (WHO), World Trade Organization (WTO), the International Monetary Fund (IMF), the International Red Cross, etc. There are a variety of executive orders that presidents have issued over the last 60 years or more designating various organizations as qualifying public international organizations; you’d have to round them all up to compile a comprehensive list of qualifying organizations. Fortunately, the State Department has compiled such a list, including for each organization the number of the Executive Order that designates the agency as qualifying. You’ll find that here: Public International Organizations

Quoting law123

I am also curious as to if public international organizations would include a public organization based in a country outside the U.S. and its territories and listed on a non-U.S. stock exchange.

No. These are not commercial businesses with stock traded on stock exchanges. They are basically international government organizations along with a few international charities.

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